MAHARASHTRA REAL ESTATE REGULATORY AUTHORITY Date: 01/07/2022 No. MahaRERA/Secy/File No.27/ 164/2022 Order No.31/ 2022 Sub: - Submission of proforma of the allotment letter and agreement for sale at the time of registration of a real estate project in compliance of Clause (g) of Sub-section 2 of Section 4 of the RealEstate (Regulation and Development Act, 2016. Whereas, Government of India has enacted the Real Estate (Regulation andDevelopment) Act,2016. (the Act) and all sections of the Act have come into force with effect from 01.05.2017. And whereas, the Government of Maharashtra vide Notification No.23 dated08.03.2017 has established the Maharashtra Real Estate Regulatory Authority, hereinafter referred to as "MahaRERA" or as "the Authority". And whereas, the Government of Maharashtra has also notified the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Real Estate Agents, Rates of Interest and Disclosures on Website)Rules,2017 (the Rules) for carrying out the Provisions of the Act. And whereas, the Authority has notified the Maharashtra Real Estate Regulatory Authority (General) Regulations, 2017 (Regulations) to carry out the Purposes of the Act. And whereas, under Section 34 of the Act, one of the function of the Authority is to register and regulate real estate Projects and real estate agents registered under the Act. And whereas, the Authority under Section 37 of the Act, and Regulation 38 of the Regulations is vested with the Powers to issue directions to the promoters, real estate agents and allottees from time to time as it may consider necessary. And whereas, the Chairperson MahaRERA is vested with the Powers of generalsuperintendence and directions in the conduct of the affairs of MahaRERA under Section25 of the Act. And whereas, Sub-rule (1) of Rule 10 of the Rules states that for the purpose of Subsection2 of Section 13 of the Act the agreement for sale shall be in conformity with theprovisions of the Act, the Rules and Regulations made thereunder and shall be inaccordance with the model form of agreement at Annexure 'A'. ANNEXURE ‘1’ MODEL FORM OF ALLOTMENT LETTER Notes- I. For compliance of the provisions of clause (g) of sub-section (2) of section4 of the Real Estate (Regulation and Development) Act, 2016 (the Act),the proforma of the allotment letter to be uploaded along with the application for registration of the real estate project shall be as per this model form of allotment letter. II. It shall be mandatory to issue allotment letter in this format whenever sum not more than 10%. (ten percent) of the cost of the apartment, plot or building as the case may be, is collected as deposit or advance. No. Date: To, Mr./Mrs./Ms.R/o................................................................................. (Address) Telephone/Mobile number ........................................... Pan Card No.: Aadhar Card No. Email ID: Sub: Your request for allotment of flat / commercial premises/plot in the project known as--------------------, havingMahaRERA Registration No __________________________ Sir/Madam, 1. Allotment of the said unit: This has reference to your request referred at the above subject. In that regard, I/we have the pleasure to inform that you have been allotted a ________BHK flat/villa/bungalow/ commercial premises bearing No. ___________admeasuring RERA Carpet area ____________sq. mtrs equivalent to _____sq.ft. situated on _______floor in Building Jogeshwari Apartment / Tower ________/Block ________/Wing _________ in the project known as Jogeshwari Apartment, having MahaRERA Registration No. _________ hereinafter referred to as “the said unit”, being developed on land bearing C.S. No(s)________/Final Plot No(s) 17 & 18/Khasra No(s) _______/Plot No(s)17 & 18 _lying and being at GarkhedaVillage Taluka Aurangabad, Dist. Aurangabad admeasuring 557.4 sq. mtrs. for a total consideration of Rs. _NA_ (in figures) ________ (Rupees. ________ (in words) _______only) exclusive of GST, stamp duty and registration charges. OR 1.Allotment of the Said unit: Further I/ we have the pleasure to inform you that you have been allotted along with the said unit, garage(s) bearing No(s) ________admeasuring _________sq. mtrs equivalent to__________ sq.ft./covered car parking space(s) at __________ level basement /podium bearing No(s) ___________admeasuring ____________sq. mtrs. equivalent to _____________sq.ft./stilt parking bearing No(s) ___________admeasuring _____________sq. mtrs equivalent to _________sq.ft. / mechanical car parking unit bearing No(s) ________admeasuring __________sq. mtrs. equivalent to _________sq. ft. on the terms and conditions as shall be enumerated in the agreement for sale to be entered into between ourselves and yourselves. OR 2. Allotment of open car parking: Further I/We have the pleasure to inform you that you have been allotted an open car parking bearing No. ________without consideration. 3. Receipt of part consideration: I / we confirm to have received from you an amount of Rs. ____ (in figures) _____ (Rupees. __ (in words) _____ only), (this amount shall not be more than 10% of the cost of the said unit) being _________ % of the total consideration value of the said unit as booking amount /advancepayment on ______(dd/mm/yyyy) ______, through ______ (mode of payment) _____. OR 3.Receipt of part consideration: A. You have requested us to consider payment of the booking amount / advance payment in stages which request has been accepted by us and accordingly I/We confirm to have received from you and amount of Rs _____ (in figures) ______ (Rupees_________ (in words) _________only) being _________ % of the total consideration value of the said unit as booking amount / advance payment on _____ (dd/mm/yyyy) ____,through_____ (mode of payment) ____.The balance _______% of the booking amount /advance payment shall be paid by you in the following manner. a) Rs. _____ (in figures) _____ (Rupees. _______ (in words) _____only) on or before _____ (dd/mm/yyyy) ______. b) Rs. _____ (in figures) _____ (Rupees. _______ (in words) _____only) on or before _____ (dd/mm/yyyy) ______. c) Rs. _____ (in figures) _____ (Rupees. _______ (in words) _____only) on or before _____ (dd/mm/yyyy) ______. d) Rs. _____ (in figures) _____ (Rupees. _______ (in words) _____only) on or before _____ (dd/mm/yyyy) ______. Note: The total amount accepted under this clause shall not be more than 10% of the cost of the said unit. If you fail to make the balance _________% of the booking amount /advance payment within the time period stipulated above further action as stated in Clause 12 hereunder written shall be taken by us as against you. 4. Disclosures of information: I/We have made available to you the following information namely: - i) The sanctioned plans, layout plans along with specifications, approved by the competent authority are displayed at the project site and has also been uploaded on MahaRERA website. ii) The stage wise time schedule of completion of the project, including the provisions for civic Infrastructure like water, sanitation and electricity is as stated in Annexure - A attached herewith and iii) The website address of MahaRERA is https://maharera.mahaonline.gov.in/# 5. Encumbrances: l/ We hereby confirm that the said unit is free from all encumbrances and I/we hereby further confirm that no encumbrances shall be created on the said unit. OR 5.Encumbrances: Sr No. If the letter requesting to cancel the Amount to be deducted booking is received, 1 Within 15 days from issuance of the Nil; allotment letter; 2 Within 16-30 days from issuance of the 1% of the cost of the said allotment letter; unit; 3 Within 31-60 days from issuance of the 1.5% of the cost of the allotment letter; said unit; 4 After 61 days from issuance of the 2% of the cost of the said allotment letter. unit. l/We have created the following encumbrance(s) / encumbrance(s) attached with caveats as enumerated hereunder on the said unit. a) b) c) 6. Further payments: Further payments towards the consideration of the said unit as well as of the garage(s)/covered car Parking space(s) shall be made by you, in the manner and at the times as well as on the terms and conditions as more specifically enumerated / stated in the agreement for sale to be entered into between ourselves and yourselves. 7. Possession: The said unit along with the garage(s)/covered car parking spaces(s) shall be handed over to you on or before 24 Dec 2024 subject to the payment of the consideration amount of the said unit as well as of the garage(s) /covered car parking space(s)in the manner and at the times as well as per the terms and conditions as more specifically enumerated / stated in the agreement for sale to be entered into between ourselves and yourselves. 8. Interest payments: In case of delay in making any payments, you shall be liable to pay interest at the rate which shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent. 9. Cancellation of allotments: i) In case you desire to cancel the booking an amount mentioned in the Table hereunder written would be deducted and the balance amount due and payable shall be refunded to you without interest within 45 days from the date of receipt of your letter requesting to cancel the said booking. * The amount deducted shall not exceed the amount as mentioned in the table above. ii) In the event the amount due and payable referred in Clause 9 above is not refunded within 45 days from the date of receipt of your letter requesting to cancel the said booking, you shall be entitled to receive the balance amount with interest calculated at the rate which shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent. 10. Other payments: You shall make the payment of GST, stamp duty and registration charges, as applicable and such other payments as more specifically mentioned in the agreement for sale, the proforma whereof is enclosed herewith in terms of Clause 11 hereunder written. 11. Proforma of the agreement for sale and binding effect: The proforma of the agreement for sale to be entered into between ourselves and yourselves is Enclosed herewith for your ready reference. Forwarding the proforma of the agreement for sale does not create a binding obligation on the part of ourselves and yourselves until compliance by yourselves of the mandate as stated in Clause 12. 12. Execution and registration of the agreement to sale: i. You shall execute the agreement for sale and appear for registration of the same before the concerned Sub-Registrar within a period of 2 months from the date of issuance of this letter or within such period as may be communicated to you. * The sail period of 2 months can be further extended on our mutual understanding. * In the event the booking amount is collected in stages and if the allottee fails to pay the subsequent stage installment, the promoter shall serve upon the allottee a notice calling upon the allottee to pay the subsequent stage installment within 15(fifteen) days which if not complied, the promoter shall he entitled to cancel this allotment letter. On cancellation of the allotment letter the promoter shall be entitled to forfeit the amount paid by the allottee or such amount as mentioned in the Table enumerated in Clause 9 whichever is less. ln no event the amount to be forfeited shall exceed the amount mentioned in the above referred table. Except for the above all the terms and conditions as enumerated in this allotment letter shall be applicable even for cases where booking amount is collected in stages. ii. If you fail to execute the agreement for sale and appear for registration of the same before the concerned Sub-Registrar within the stipulated period 2 months from the date of issuance of this letter or within such period as may be communicated to you, l/we shall be entitled to serve upon you a notice calling upon you to execute the agreement for sale and appear for registration of the same within 15 (Fifteen) days, which if not complied, I/we shall be entitled to cancel this allotment letter and further I /we shall be entitled to forfeit an amount not exceeding 2% of the cost of the said unit and the balance amount if any due and payable shall be refunded without interest within 45 days from the date of expiry of the notice period. iii. ln the event the balance amount due and payable referred in Clause 12 ii) above is not refunded within 45 days from the date of expiry of the notice period, you shall be entitled to receive the balance amount with interest calculated at the rate which shall be the State Bank of India highest Marginal Cost of Lending Rate plus two percent. 13. Validity of allotment letter: This allotment letter shall not be construed to limit your rights and interest upon execution and registration of the agreement for sale between ourselves and yourselves. Cancellation of allotment of the said unit thereafter, shall be covered by the terms and conditions of the said registered document. 14. Headings: Headings are inserted for convenience only and shall not affect the construction of the various Clauses of this allotment letter. For ------------------------- (Partner) Email Id :sachinjoshi90@gmail.com Date: 29-12-23 Place: Aurangabad CONFIRMATION AND ACKNOWLEDGEMENT I/We have read and understood the contents of this allotment letter and the Annexure. I/We hereby agree and accept the terms and conditions as stipulated in this allotment letter. Signature-------------- Name-------------- (Allottee/s) Date:29-12-23 Place:Aurangabad Annexure – A State wise time schedule of completion of the project “Swastik Towers” Sr. Stages Date of No. completion 1 Excavation 0.00 2 Basements(if any) 0.00 3 Podiums(if any) 0.00 4 Plinth 0.00 5 Stilt(if any) 0.00 6 Slabs of super structure 0.00 7 Internal walls, internal plaster, 0.00 completion of flooring, doors and windows 8 Sanitary electrical and water supply 0.00 fittings within the said units 9 Staircase, lifts wells and lobbies at each 0.00 floor level overhead and underground water tanks 10 External plumbing and external 0.00 plaster, elevation, completion of terraces with waterproofing. 11 Installation of lifts, water pumps, 0.00 firefighting fittings and equipment, finishing to entrance lobby/s, plinth protection, paving of areas appurtenant to building / wing, compound wall and all other requirements as may be required to complete project as per specifications in agreement of sale, any other activities 12 Internal roads and footpaths, lighting 0.00 13 Water supply 0.00 14 Sewerage(chamber,lines,septic 0.00 tank,STP) 15 Storm water drains 0.00 16 Treatment and disposal of sewage and 0.00 sullage water 17 Solid waste management and disposal 0.00 18 Water conservation / rain water 0.00 harvesting 19 Electrical meter room, sub-station, 0.00 receiving station. 20 others 0.00 For -------------------------